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Dv 2009 - Aos Only

Hello all,
Winner Number 2009EU00025XXX
Since the start chose to do AOS ,sent DSP 122only to KCC letting them know about that. Submit my documents for AOS after October 1 2008 . First received form I 797C notice of receiving my documents a month later denied Letter from my local office because number is not available.
If i wait for my number to be available (May , June) it may not be enough time for AOS processing before September 2009 .
CP is a lot faster as i understood ? should i change from AOS to CP?
I am on F1 visa now but came 2 years ago with J1 only for a summer and stayed here. Isn,t it too risky to do CP? Do i still have enough time to change it?
Please Help...

are u sure u don't need a J1 waiver? am just curious
u have plenty of time to do CP since u're number is not current yet and we have almost 8 months to Sep 30
 
I scheduled an info pass for friday and i hope i will get an answer. Otherwise i will try to contact with the congressman or the senator,i hope it will help, waiting and not getting an answer is killing me...
 
Hello all,
Winner Number 2009EU00025XXX
Since the start chose to do AOS ,sent DSP 122only to KCC letting them know about that. Submit my documents for AOS after October 1 2008 . First received form I 797C notice of receiving my documents a month later denied Letter from my local office because number is not available.
If i wait for my number to be available (May , June) it may not be enough time for AOS processing before September 2009 .
CP is a lot faster as i understood ? should i change from AOS to CP?
I am on F1 visa now but came 2 years ago with J1 only for a summer and stayed here. Isn,t it too risky to do CP? Do i still have enough time to change it?
Please Help...
If your number is current in May, you might be ok with AOS. If it's current in June, it's a little risky. It also depends on where your USCIS field office is. Those in big cities and densely populated states may take longer. For some folks on this forum, from sparsely populated areas, it took even less than 3 months from filing to interview.

With CP, you'll probably get an interview within a few weeks, once your number is current. I'm not sure what the conditions of J1 are and whether you changing status is ok or not. You may want to consult with an immigration lawyer about that.

Also, I'm not sure how long it's going to take for KCC to change your case from AOS to CP. If I was you, I would call the KCC number and ask them. I know it takes them couple months to process the DS-122 form, when you send it initially.

I hope this helps.
 
are u sure u don't need a J1 waiver? am just curious
u have plenty of time to do CP since u're number is not current yet and we have almost 8 months to Sep 30

To the best of my knowledge, since he switched to F1, he does not need waiver.
To be on the safe side, he just can look into his first VISA (J1) in his passport, if there is a statement that says " bearer is not subject to 212, etc......", so he already has the waiver.
 
I scheduled an info pass for friday and i hope i will get an answer. Otherwise i will try to contact with the congressman or the senator,i hope it will help, waiting and not getting an answer is killing me...

kakaco,
Another trick that might work is to write to your USCIS district director. If you look on your interview letter there is probably an address.
 
kakaco,
Another trick that might work is to write to your USCIS district director. If you look on your interview letter there is probably an address.

Or...just fax a simple, short letter to the DO and Cc to RO.
Chk attached for USCIS RO/DO contact info.
 
Surely this is a joke....

Last night I see in the mailbox that I have a letter from USCIS- I think to myself, finally! the 'Welcome to America' letter is here!

I tear open the envelope: ANOTHER F***ING BIOMETRICS NOTICE!! (for the record this is number 3 and it was dated 1/30 (which was three days before my 2/2 appointment pursuant to the second notice.)

What is going on??

Please help me figure out what to do. I am at a loss for words.
 
Goodness gracious! lindina254, you're kinda stuck in a loop like Bill Murray in the movie Groundhog Day.

I know! It is unbelievable! I don't know what to do!

I guess I could call USCIS but then again, they were useless when I called to tell them of the second notice so why should they be any less useless when I call about the third?

Also, my LUD is still 2/3.

any suggestions?
 
that's ridiculous

Well, you know what they say "third time is the charm". I hope the USCIS office is not too far away from where you live. You might just have to go for the third time and HIT somebody.
 
I know! It is unbelievable! I don't know what to do!
....

any suggestions?

Only thing I can think of is to take the new notice (plus all the other notices so far) to the ASC right away. When they see 3 notices - even they will know something's not right and they may make some inqueries to central office on your behalf. Oh...and when/if you go there...try and look sad to gain some sympathy points.
 
Well, you know what they say "third time is the charm". I hope the USCIS office is not too far away from where you live. You might just have to go for the third time and HIT somebody.

I know what you mean but I cannot keep going there- not only is it way out of my way but I lose time from work AND to top it all off, when I get there, they look at me like I am an idiot for showing up again!!

As for the hitting somebody, I already wanted to do that when I went the second time and the lady said "you've done these already." I should have replied what came in my head which was "No s**t, Sherlock!"
 
I know what you mean but I cannot keep going there- not only is it way out of my way but I lose time from work AND to top it all off, when I get there, they look at me like I am an idiot for showing up again!!

As for the hitting somebody, I already wanted to do that when I went the second time and the lady said "you've done these already." I should have replied what came in my head which was "No s**t, Sherlock!"

I think you should redo fingerprints even if ASC tells you that they are in. ASC does not know what was the result that FBI sent back to USCIS from your first biometrics. I read online that there are cases where fingerprints are unreadable or there is some other problem. In this case USCIS would issue a second biometrics. I am really sorry that this is happening. As I said before I think there was a major mess up with our cases in the beginning and that's why things are not going smoothly. :(
 
update

I think you should redo fingerprints even if ASC tells you that they are in. ASC does not know what was the result that FBI sent back to USCIS from your first biometrics. I read online that there are cases where fingerprints are unreadable or there is some other problem. In this case USCIS would issue a second biometrics. I am really sorry that this is happening. As I said before I think there was a major mess up with our cases in the beginning and that's why things are not going smoothly. :(

Ok. so I called USCIS customer service and they were useless. I asked if I could speak to some one who knew about this and they said no. Then I insisted and the supervisor knew less than the person below. She kept telling me that the fingerprinting office is the one who issues the notice and that they are the only ones who know. So I asked if I could call them- she said no.

So I did a little investigating on the internet and after twenty mins I found a phone number and I called the fingerprint office here in NY.

Miracle of all miracles, a supervisor answered the phone. I explained my story to him and he knew what I was talking about and he asked intelligent questions!!! I could not believe it!

This is pretty much what happened:

(explanation history and three notices)

Q: what is the date of the third notice?
A: 1/30/09
Q: When did you come see us for the second time?
A: 2/2/09
Q: When you were here the second time, did a supervisor scan your appointment letter and check your fingerprints in the system?
A: Yes.
Q: Did they take a test fingerprint to confirm who you were?
A: Yes.
Q: Did they take another biometric picture of you?
A: Yes.
Q: And did they stamp your second notice?
A: Yes.
Q: What is the code in the upper right hand corner for the notices?
A: The first is 1. The second is 2 and the third is 2.

At which point he asked me for my A# and my name and checked in the computer.

He then said: I have confirmed that we have your fingerprints and they are ok. Any Immigration officer who looks at your file will know you did them and that they are ok. I can confidently say that you do NOT need to come to see us again and I say that because you were here after the date of issuance of the third notice and we confirmed your fingerprints were here and retook your biometric. Sometimes the system generates multiple notices and I apologize for that.

He then said: however, if you had received a second or third notice with a code 1 on it, I would have told you to come in again (because code 1 means fingerprints). Code 2 is biometrics. The officer whom you saw on monday knew what she was doing because she retook your biometric.

He then told me that contrary to what it says on the paper, they will not abandon your case if you miss the appointment IF the thing they are looking for has been done. He said that when he punched the A# into the system it does not state this person came out of order for the fingerprints, or came twice, or three times- all it says is whether they are in the system or not. Since mine are definitely in the system (it was confirmed on monday and by him) I should not worry.

He gave me his name and said to write it down if it made me feel more at ease but that if I were to show the third time, they would confirm what he said on the phone.

I thanked him profusely and hung up.

Now (just to be on the safe side) I intend to write a letter to them, attach the notices and say I spoke to the Supervisor today and am therefore ignoring the third notice.

Thanks for the advice all!
 
Q: what is the date of the third notice?
A: 1/30/09
Q: When did you come see us for the second time?
A: 2/2/09
Q: When you were here the second time, did a supervisor scan your appointment letter and check your fingerprints in the system?
A: Yes.
Q: Did they take a test fingerprint to confirm who you were?
A: Yes.
Q: Did they take another biometric picture of you?
A: Yes.
Q: And did they stamp your second notice?
A: Yes.
Q: What is the code in the upper right hand corner for the notices?
A: The first is 1. The second is 2 and the third is 2.

At which point he asked me for my A# and my name and checked in the computer.

He then said: I have confirmed that we have your fingerprints and they are ok......

This calls for a celebration ;)
 
thanks for the support Dematra, FOTT and windv!!

Lindina254 , i just read the tread and it is not really suprising me at all, i got used to not getting any answers, I am glad that yu found someone that knows what he is doing.
Now back to my story, I went to my local office today and they called my name and like usual i talked with someone that has no idea about what is going on. I explained him that i had my interview by 23 dec and gave the name of the officer that i had the interview with and told him that i am worried since it has been 45 days and i havent received anything, he asked me to wait and he went inside to talk with the officer that interviewed me. he called my name again after 5 min. and he was like 'i talked with her and she asked me to tell u that she has not forgotten about you but she has not decided about my case yet' I seriously could not believe what i heart, she was the one that told me that everything was fine on my case and only concern was a stupid form which I didnt fill out since i received a lettter from kentuck conforming my AOS application. So why is she waiting??? I have never ever been out of status in my life or worked illigally or did smth bad, I graduated from here with a great GPA and actually work for the goverment as a scientist so that doesnt make any sense. I am really pissed right now.
And then that guy told me to wait 60 days, he was like she told me tell u to wait 60 days to get an answer, i was 60 days from today or 60 days from my interview, he stunned and he was like i dont know :mad: so i am assuming 60 days after the interview which is going to end up by 23 of this month...
That was the only information that i got, i aslo asked him if she mailed the form to me or if i needed to fill that out and his answer was i dont think so she didnt mention that, so as a result i know that my case is in my local office waiting on someone's desk to make her decision, which takes 60 days for her....it really drives me crazy even writing this,this is not fair at all
I told the guy that i will be going to my country by the 27th of feb for two weeks and showed him the AP approval and told him that the officer removed the i=94 from my passaport(i was just trying to make sure about the AP) and since he didnt know anything he took the document and went to another room and asked someone and came back and told me that i will be fine with AP and my current H1 which I have never stamped on my passoport since i havent been in my country ffor 4 years. Now i am just hoping that me going there will remind my case to the officer and she will make her mind up and i will actually enjoy my 2 weeks holiday in my country with not dealing with the immigration issues.
So 15 more days to wait.....
 
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